Expert Witness Evidence

An Expert Witness assists a court or tribunal by providing expert, independent opinion regarding matters on which case officials cannot be reasonably expected to form a view. Litigation, adjudication, arbitral and tribunal proceedings regularly hear evidence from Expert Witnesses.

An expert’s overriding duty is to the tribunal in which the expert evidence is given. Part 35 of the Civil Procedural Rules sets out the conduct which Expert Witnesses must adhere to when giving evidence. Their duty is to communicate the full facts and give truthful, impartial and independent opinions on all relevant matters.

An expert witness is usually appointed in one of the following ways:

• Party Appointed Expert – appointed by one party to a dispute
• Single Joint Expert – appointed by multiple parties to a dispute
• Shadow Expert – appointed by one party but with no duty to the tribunal